In force 27th January, 1837.
AN ACT to authorize Thomas Reynolds and Elisha Seymour, to build a toll bridge across the Kaskaskia river at Farmington, in the county of St. Clair.
1Reynolds and E. Seymour authorized to build a toll bridge across Kaskaskia river.
Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That Thomas Reynolds and Elisha Seymour, are hereby authorized to build a toll bridge across the Kaskaskia river, at Farmington in St. Clair county, situated on section twenty-seven, township two South, seven West.
Rates of toll.
Proviso.
Sec. 2. The rates of toll for crossing said bridge to be established from time to time by
the county Commissioners Court of the county of St. Clair. The citizens of St. Clair, and their property, shall have the privilege of crossing and re-crossing at all
times, free of any charge, Provided, however, That the rates of toll for crossing said bridge shall never exceed the rates of toll
of the different ferries across the said river, as established by the county Commissioners Court of St. Clair county.
County Commissioners may purchase said bridge and make it a free one, & how.
Reynolds and Seymour to make out an account of cost of bridge, and file with clerk, & make oath thereto.
Sec. 3. Whenever the county Commissioners Court, of St. Clair county, shall deem it expedient to purchase said bridge, and make it a free one, they shall
have the right to do so, upon paying the said Reynolds and Seymour the value of said bridge, to be ascertained by three disinterested citizens, one
of whom shall be chosen by the county Commissioners of said county, and one by the said Reynolds and Seymour, and they two shall choose a third, whose decision shall be final; and the said Reynolds and Seymour, after having completed the said bridge, shall make out and file with the clerk of
the county Commissioners Court, of said county, an accurate account of the cost of said bridge, and make oath of the correctness
thereof, before said clerk, or some Justice of the Peace of said county.
At all times to afford a passage to persons & property, on payment of toll.
May erect toll gates.
If bridge be out of repair forfeiture & fine.
How recovered.
Proviso.
Sec. 4. Said Reynolds and Seymour shall at all times afford a speedy passage to all persons and their property; on
payment of the lawful tolls, and they are hereby authorized to demand and receive
the tolls as herein allowed, for the term of twenty years, and to erect a gate or gates at either end of said bridge; and if the said bridge
shall at any time be out of repair for ten days together, the
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said Reynolds and Seymour, shall forfeit and pay a fine of fifty dollars, and a like fine for every ten days
thereafter, that the said bridge may remain out of repair, to be recovered by action
of debt, before any Justice of the Peace for said county; one half to be paid to the person sueing for the same, and the other half to be paid into the county treasury, Provided, That no injury to said bridge, caused by fire, high water, or other unavoidable cause,
shall work a forfeiture, if reasonable diligence be used in repairing the same.
When work to be commenced & completed.
Proviso.
Sec. 5. Said Reynolds and Seymour shall commence the erection of said bridge within six months, and complete the same
within two years from the passage of this act, Provided That said Reynolds and Seymour cause a sufficient draw to be made to said bridge to enable steamboats or any other
vessels, to pass without obstruction or detention. This act to be in force from and
after its passage.2
Approved 27th January, 1837.3
1On December 13, 1836, James A. Whiteside introduced SB 3 in the Senate, which referred it to a select committee. On December 23, the select committee recommended
several amendments, to which the Senate concurred, passing the bill the next day.
The House of Representatives referred the bill to a select committee on January 9, 1837. The committee recommended
an amendment on January 11, to which the House concurred and passed the bill. .amended,
then passed the bill. The Senate approved the amended bill the next day. On January
27, the Council of Revision approved the bill and the act became law.
Illinois House Journal. 1836. 10th G. A., 1st sess., 120, 135, 164, 220, 234, 248, 361, 365; Illinois Senate
Journal. 1836. 10th G. A., 1st sess., 39, 56, 95, 106, 199, 203, 271, 278, 309.
2The Northwest Ordinance of 1787 established the principle of the free navigation of the Mississippi River and its tributaries, and river and steamboat interests frequently challenged the
builders of bridges to maintain that right.
“An Ordinance for the Government of
the Territory of the United States, North West of the River Ohio,” art. 4 (1787);
Columbus Insurance Co. v. Peoria Bridge Co. (1854), Martha L. Benner and Cullom Davis et al., eds. The Law Practice of Abraham Lincoln, 2d ed. Springfield: Illinois Historic Preservation Agency, 2009.
3The Illinois General Assembly passed an identical act in 1839, suggesting the bridge authorized by this act was never constructed.
Printed Document, 2 page(s), Laws of the State of Illinois, Passed by the Tenth General Assembly (Vandalia, IL: William Walters, 1837), 32-33, GA Session: 10-1